Employment Law 5EML

Employment Law 5EML example

Level 5 of the CIPD program, "Introducing Employment Law," aims to provide students with an understanding of both UK and EU employment laws. The section aids students pursuing HR in comprehending the importance of legal requirements that influence HR choices made by the organization. HR professionals should identify with the legal jurisdictions that dictate the kinds of decisions and actions they take, as well as the relationships they build with workers when performing their duties. Students gain knowledge of the employment law system and how it affects decisions made by employees and in the workplace regularly about HR. To improve the appropriate management of connections formed inside the company, the learners gain knowledge of both internal and local employment jurisdictions.

The primary subjects that students will study in this unit are as follows:

Recognizing the legal system

This entails being familiar with the goals and purposes of employment law within a certain business. International students may also study the employment laws in their native countries, and students may consult the laws of the UK, Ireland, and the EU. The purpose of the legal system is to provide social justice, fairness, and employee protection. When these goals are not met in the workplace, tribunals and the court system are established to render decisions based on the specifics of the cases and applicable laws. The judicial system plays a big role in settling conflicts. There are several approaches to dispute resolution, such as mediation, arbitration, and early reconciliation.

Steer clear of prejudice

This section gives students advice on how to prevent prejudice, particularly when hiring and choosing staff members. The purpose of the Equality Act 2010 is to guarantee that no employee, or rather, a candidate seeking employment, is treated less favourably by identifying the protected traits that companies should relate to. Students get an understanding of the differences between discrimination by association, indirect discrimination, and direct discrimination.

Law of contracts

Students study the various facets of contract law as well as the components of a contract, such as offer, acceptance, parties` consideration, and the goal of creating a legally binding agreement. Additionally, students study the distinctions between express and implied provisions in contracts. Additionally, learners should be aware that contracts are subject to modification under the flexibility clause.

Organizational transformation

Organizations change when employers choose to decrease staff through layoffs; business transfers are another factor in organizational transformation. Redundancy laws include the Trade Union and Labour Relations Consolidation Act of 1992 and the Employment Rights Act of 1996. They should be adhered to to determine whether redundancy is required, and workers should be consulted. TUPE rules pertain to business transfers and guarantee employees` right to their employment terms and benefits, even in the event of a business transfer.

Rights of Workers

According to the National Minimum Wage Act of 1998, all employees have statutory rights to compensation. By Working Time Regulation 1998 and Working Time Directive legislation, they also have the right to work and the right to leave. Workers also have the right to paid time off for situations involving friends and family, as well as maternity and paternity leave. According to the Health and Safety at Work 1974 legislation, employees have a right to safe working conditions that guarantee their well-being. Employers are required by law to uphold the conditions of the psychological contract that they have formed with their workforce and to encourage equity, respect, and fairness. Article 11 of the Human Rights Act, which relates to the freedom of association, gives employees another right.


Employers must adhere to the correct protocols when it comes to handling misbehaviour and competency concerns during a dismissal. This promotes equity in the process of terminating employees. The five legitimate reasons for termination—misconduct, capability, redundancy, violation of statutory restriction, and any other cause as long as it is sincere and equitable for the employer and employee—should be known to students enrolled in employment law courses. Employees are allowed to be accompanied during the disciplinary hearing process before being dismissed. Students want to understand the significance of the parties who accompany employees during the hearing procedure.

5EML Evaluation

Learners will be asked to assess at the end of the unit, in which they will need to create a booklet with specific questions on the topics covered in the lesson.

Learning objectives

1. Gain an understanding of the rationale behind employment regulations and how they are implemented by the learner.

2. Be aware of the legal requirements for managing hiring and selection processes.

3. Understand how to properly handle restructuring and change.

4. Be able to legally handle matters about compensation and working hours.

5. Be able to guarantee that employees receive legal treatment while they are at work.

6. Be aware of the legal ways to handle performance and disciplinary issues.

Evaluation standards

1.1 Describe the purposes and goals of employment regulations.

1.2 Explain how the courts and tribunals carry out the task of upholding employment laws.

1.3 Describe the methods used to settle disputes both outside of and during official court processes.

2.1 List the fundamental ideas of discrimination legislation as they relate to hiring, selection, and employment.

2.2 Define employment contracts and their establishment.

3.1 Explain the circumstances and legal means of contract modification.

3.2 Describe the redundancy law`s primary requirements.

3.3 Describe the primary business transfer legal requirements.

4.1 List the main legal protections that employees have regarding compensation, leave, and working hours.

4.2 Describe the main conditions of the equal pay legislation.

4.3 Describe the main rights related to maternity, paternity, and other family-friendly employment.

5.1 List the main demands of the legislation about health and safety.

5.2 Describe the importance of implied obligations about employee management at work.

5.3 Describe the fundamentals of the law of associational freedom.

6.1 Describe the fundamental standards of the unfair dismissal legislation about problems of misbehaviour and capacity.

6.2 Describe the extent of the right of workers to be in attendance at grievance and serious discipline hearings.

You can also read a sample Developing and Using Consultancy Skills 5CNS.

What does this unit provide learners?

After completing the course and the EML evaluation, students will have a better grasp of employment law, including its goals and methods of enforcement in the workplace. I`ve gained knowledge of legal compliances and best practices in a variety of HR-related areas, including hiring and employee selection, salary equality, managing workers legally, performance management, and legal disciplinary actions and processes.

  • Recognise the difficulties in carrying out HR tasks legally.
  • Understand how to handle employees legally.

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